PLASTERERS, SHOP HANDS AND CASTERS (STATE) CONSOLIDATED AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 4630 of 2004)

 

 

REVIEWED AWARD

 

INDEX

 

Clause No.          Subject Matter

 

1.         Definitions

2.         Hours

3.         Wages

4.         State Wage Case Adjustments

5.         Payment of Wages

6.         Overtime

7.         Sundays and Holidays

8.         Travelling Time (Except distant work)

9.         Fares

10.       Distant Work

11.       Piecework

12.       Sick Leave

13.       Personal/Carer's Leave

14.       Bereavement Leave

15.       Conditions

16.       Proportion

17.       Damage to Clothing or tools

18.       First Aid Kit

19.       Annual Holidays

20.       Annual Holiday Loading

21.       Long Service Leave

22.       Issues Resolution Procedures

23.       Anti-Discrimination

24.       Exhibition of Award

25.       Right of Entry

26.       Terms of Engagement

27.       Area, Incidence and Duration

 

1.  Definitions

 

(i)         "Shop hand" shall mean an employee who performs any or all of the following duties - the interpretation of plans and details and any work from them in the preparation of the ground work for the modeller, the cutting, mounting and running of moulds necessary for the making of any plasterers' mouldings and ornamental work and the making of piece, waste and gelative moulds.

 

(ii)        "Caster" following duties.- the cleaning and greasing of benches and moulds, the gauging of plaster, the bedding of fibre and all reinforcements, ruling and trowelling in making casts, fibrous sheets, acoustic tiles, cutting plaster casts and fibrous sheets on moulds or benches and all work incidental to the  manufacture of fibrous and plaster castings excluding the teasing of fibre and the occasional assistance by other labour in lifting, loading or unloading of trucks and/or hanging heavy sheets. When a caster is employed on any shop hand's work he or she shall be paid shop hands' rates.

 

(iii)       "Leading hand" shall mean an employee appointed as such by the employer to take charge of or supervise other employees.

 

(iv)       "Mechanical Cornice Attendant and Operator" shall mean an employee who performs the following duties: attending and supervising the inflow of plaster material from feeder bins to the machine and is responsible for the whole mechanical process of the machine in the mechanical manufacture of plaster cornice.

 

(v)        "Cornice Machine Attendant" shall mean an employee who performs any or all of the following duties: the cutting of cornice, shifting and stacking of cornice, sweeping of floors in and around the machine and any other duties which may be incidental to the manufacture of plaster cornice by mechanical means, but excluding the duties described in the classification of 'Mechanical Cornice Attendant and Operator".

 

2.  Hours

 

(i)         The ordinary working hours shall not exceed forty per week, to be worked eight hours per day, between the hours of 7.30 a.m. and 5.00 p.m., Monday to Friday, inclusive; provided that, by agreement between he employer and employees, the working day may begin at 6.00 a.m. or at any other time between that hour and 8.00 a.m. and the working time then shall begin to run from the time so fixed, provided that by agreement between the employer, the employees and their trade union the working day may conclude at 6pm.

 

(ii)        Three-quarters of an hour shall be allowed for a meal, which shall not be counted as time worked, from 12.00 noon until 12.45 p.m.  Monday to Friday, inclusive, or at such other time as may be mutually agreed upon.

 

(iii)       Where plasterers, shop hands and casters or other employees bound by this award are employed in any industry (other than the building industry) which is subject to any award or industrial agreement covering various classes of employees engaged in that industry the hours and working days of plasterers, shop hands and other employees bound by this award shall be those prescribed for the employees generally in that industry in lieu of the hours prescribed by this award.

 

3.  Wages

 

(i)         The following minimum rates of pay shall be paid to adult employees:

 

 

 

(ii)        Junior casters minimum rates of pay shall be the rates set out hereunder calculated to the nearest five cents, any fraction of five cents in the result not exceeding half of five cents to be disregarded:

 

Percentage of the sum of the total wage assigned to an adult caster

 

 

(iii)       Casual Employees: A casual employee, that is an employee engaged for  less than forty hours per week, shall be paid one-fifth of the weekly rate plus 10 per centum per day or portion thereof.

 

(iv)       Leading Hands:

 

(a)        An employee appointed to be in charge of more than two and up to and including five employees shall be a leading hand and shall be paid $13.93 per week extra.

 

(b)        An employee appointed to be in charge of more than five and up to and including ten employees shall be a leading hand and shall be paid $17.60 per week extra.

 

(c)        An employee appointed to be in charge of more than ten employees shall be a leading hand and shall be paid $24.79 per week extra.

 

(v)        Where an employee is sent from a shop to a job to perform casters and/or fibrous fixers and gypsum plasterboard fixers' work the worker shall be paid the hourly rates and conditions applying to fixers in the Building and Construction Industry (State) Award whilst he or she is actually employed on this work and this hourly rate shall be paid in lieu of normal pay.

 

4.  State Wage Case Adjustments

 

The rates of pay in this award include the adjustments payable under State Wage Case 2004.  These adjustments may be offset against:

 

(i)         any equivalent over-award payments and/or

 

(ii)        award wage increases since 29 May, 1991 other than Safety Net, State Wage Case and minimum rates adjustments

 

5.  Payment of Wages

 

(i)         Unless otherwise mutually agreed to between an employer and employee all wages shall be paid in cash not later than Thursday in each week and all time spent waiting for wages in excess of fifteen minutes by an employee beyond the finishing time on pay day shall be paid for at overtime rates and  the employer shall not keep more than two days' wages in hand.

 

(ii)        An employee who is discharged from their employment before the recognised pay day shall be paid forthwith all wages due. An employee who terminates their employment after having given notice shall be paid then the wages due to him or her or a money order for the amount of such wages shall be posted to him or her within forty-eight hours.

 

6.  Overtime

 

(i)         All time worked outside the ordinary working hours, as defined in clause 2, Hours, of this award, shall be paid for at the rate of time and a half for the first three hours and double time thereafter.

 

(ii)        An employee who is required to work overtime for more than two hours after the usual ceasing time without being notified on the preceding working day shall be paid the sum of $2.00 as the cost of a meal.

 

(iii)       Where the period of overtime is two hours or more an employee shall be allowed a 20 minute meal break which shall be paid for at ordinary rates.

 

(iv)       No employee, including a night-shift worker, shall work for more than sixteen hours' overtime in any week excepting in case of extreme urgency such as urgent repairs or delay causing unemployment.

 

7.  Sundays and Holidays

 

(a)

 

(i)         The following days shall be observed as holidays, namely - New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day and Boxing Day or the days observed in lieu thereof and all proclaimed public holidays for the State of New South Wales.

 

(ii)        For any work performed on the foregoing holidays or on a Sunday double-time shall be paid with a minimum payment for the day of four hours' work.

 

(iii)       All employees shall be entitled to be paid for holidays under this clause; provided that they shall have worked on the working day immediately proceeding and the working day immediately following the holiday.  Where such holidays fall on consecutive days an employee who works on either the working day preceding or the working day succeeding such holiday, but not on both, shall be entitled to payment for such holiday closest to the said day on which he worked.

 

(iv)       Where the employer terminates the employment of an employee within a period of seven days prior to a day on which a holiday occurs and the employee is re-employed within a period of seven days after the holiday or the last day of a group of holidays the employee shall be paid for the holiday or holidays occurring within the period between the date of the termination of his employment and the date of his or her re-employment if he or she has been employed by the employer for a period of at least one week prior to the termination of his employment.

 

(b)

 

(i)         The first Monday in December of each year shall be the Union picnic day.

 

(ii)        All employees shall, as far as practicable, be given and shall take this day as a picnic day and shall be paid therefore as for eight hours work at the rates of pay prescribed in clause 3, Wages, of this award. Any employee required to work on such day shall be paid at the rate of double time for all time worked and shall be paid for not less than four hours work.

 

(iii)       An employer may require from an employee evidence of his or her attendance at the picnic and the production of the butt of a picnic ticket issued for the picnic shall be sufficient evidence of such attendance. Where such evidence is requested by the employer payment need not be made unless the evidence is produced.

 

(iv)       Where an employer holds or observes a regular picnic for his or her employees on some other working day during the year then such day may be given and may be taken as a picnic day in lieu of the picnic day here fixed.

 

(v)        This clause shall apply only to employees working in the Counties of Cumberland, Northumberland and Camden and in such other areas where a picnic organised by the union is held.

 

8.  Travelling Time (Except Distant Work)

 

When an employee is sent from a shop to a job the employer shall pay all travelling time incurred.

 

9.  Fares

 

When an employee is sent from a shop to a job the employer shall pay all expenses incurred.

 

10.  Distant Work

 

(i)         On distant work the employer shall provide reasonable board and lodging or pay an allowance of $48.80 per week of seven days but such allowance shall not be wages.  In the case of broken parts of a week occurring at the beginning or end of a period of distant work the allowance shall be all living expenses actually and reasonably incurred but not exceeding $48.80.

 

(ii)        The fare to and from a distant job shall be paid by the employer in every case and in the event of work not being ready on the arrival of the employee he or she shall be paid as if actually at work.

 

(iii)       The time spent in travelling to and from a distant job shall be paid for at ordinary rates and no employee shall receive more than a day's wages for any day spent in travelling, though the hours spent on such day exceed the hours fixed by this award, unless the employee, on the same day, is engaged in working for his employer.

 

(iv)       Fares and travelling time shall be paid for once only unless the employee is recalled by the employer and sent again to the job when they shall be paid each time this happens.

 

(v)        Where an employee works for the same employer for a period of one calendar month the provisions of this clause shall not apply for the period in excess of one month that he is so employed.

 

11.  Piecework

 

No piecework or work otherwise than by the week shall be allowed.

 

12.  Sick Leave

 

(i)

 

(a)        An employee for the time being working under this award who, after not less than three months continuous service with the employer, is unable to attend for duty during ordinary working hours by reason of personal illness or incapacity (including incapacity resulting from injury within the Workers' Compensation Act 1926, as amended) not due to his or her own serious and wilful misconduct shall be entitled to be paid at ordinary time rates of pay for the time of such non-attendance; provided that he or she shall not be entitled to paid leave of absence for any period in respect of which he or she is entitled to workers' compensation.

 

(b)        He or she shall, within twenty-four hours of the commencement of such absence, inform the employer of his or her inability to attend for duty and as far as possible state the nature of the injury or illness and the estimated duration of incapacity.

 

(c)        He or she shall prove to the satisfaction of the employer or in the event of a dispute the Industrial Commission of New South Wales) that he or she is or was unable, on account of such illness, to attend for duty on the day or days for which payment under this clause is claimed.

 

(d)        He or she shall not be entitled in respect of any year of employment to sick pay for more than one week.

 

(e)        The rights under this clause shall accumulate from year to year so that any part of the week which has not been allowed in any year may, subject to the conditions prescribed by this clause, be claimed by the employee and shall be allowed by the employer in a subsequent year of employment. Any rights which accumulate pursuant to this subclause shall be available to the employee for a period of three years, but for no longer, from the end of the year of employment in which they accrued.

 

(f)         For the purpose of this clause continuous service shall be deemed not to have been broken by:

 

(1)        any absence from work on leave granted by the employer; or

 

(2)        any absence from work by reason of personal illness, injury or other reasonable cause (proof whereof shall in each case be upon the employee) provided that any time so lost shall not be taken into account in computing the qualifying period of three months.

 

(g)        Service before the date of coming into force of this award shall be counted as service for the purpose of qualifying thereunder.

 

(ii)        Single Day Absences - In the case of an employee who claims to be allowed paid sick leave in accordance with this clause for an absence of one day only such employee if, in the year of employment, he or she has already been allowed paid sick leave on more than one occasion for one day only shall not be entitled to payment for the day claimed unless he or she produces to the employer a certificate of a duly qualified medical practitioner that in his or her, the medical practitioner's opinion, the employee was unable to attend for duty on account of personal illness or on account of injury by accident.  Nothing in this subclause shall limit the employer's rights under paragraph (c), of subclause (i), of this clause.

 

13.  Personal/Carer's Leave

 

(1)        Use of Sick Leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 12, Sick Leave, for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(c)        a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(d)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(e)        a relative of the employee who is a member of the same household, where for the purposes of  this subparagraph:

 

1.          "relative" means a person related by blood, marriage or affinity;

 

2.          "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

3.          "household" means a family  group living in the same domestic dwelling.

 

(d)        An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(2)        Unpaid Leave for Family Purpose

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

 

(3)        Annual Leave

 

(a)        An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

(4)        Time Off in Lieu of Payment for Overtime

 

(a)        An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

(b)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

(d)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

(5)        Make-up Time

 

(a)        An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(b)        An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

14.  Bereavement Leave

 

(i)         An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay, on each occasion of the death of a person as prescribed in subclause (iii) of this clause.

 

(ii)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

 

(iii)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (ii) of paragraph(c) of subclause (1)of clause13, Personal/Carer s Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(iv)       An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4) and (5) of the said clause 13. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

15.  Conditions

 

(i)         Each employee shall be allowed ten minutes each day, before knock-off time, for the purpose of washing and cleaning tools and benches.

 

(ii)        The surface of all working tables and benches shall be 2 feet 3 inches from the floor.

 

(iii)       Tables and benches for inset moulds shall have a space of not less than 2 feet 3 inches on one side for working. Cornice and small margin benches shall have a space of not less than 20 inches on one side for working.

 

(iv)       Plaster bins and water slush tubs shall be placed at a convenient distance to where the work is carried on.

 

(v)        Where necessary employees shall be provided with gloves or hand pads and/or respirators.

 

(vi)       A lock up shall be provided for the purpose of storing employees' tools when not in use.

 

(vii)      Each employee bound by this award shall be provided with two pairs of overalls, yearly.  Such overalls shall remain the property of the employer and shall be returned to the employer on termination of employment and if not returned the employer shall be entitled to deduct from any moneys due to the employee the reasonable replacement value of the article not returned.

 

(viii)     An employer shall not prevent an official of the union authorised in writing in that behalf, from posting on an employer's premises or job, in a place agreeable by the employer and the union official or representative a copy of any official notice of the union provided such notice is of reasonable size.

 

16.  Proportion

 

The proportion of junior casters employed shall not, at any time, exceed one junior caster to three journeyman casters. An employer, unless working as a journeyman caster, shall not be regarded as a journeyman for the purpose of this clause.

 

17.  Damage to Clothing Or Tools

 

An employee whose clothing or tools are spoiled by acid or other deleterious substances due to his or her employment shall be recompensed by his or her employer to the extent of his loss.

 

18.  First Aid Kit

 

(i)         Where not otherwise provided and available to employees covered by this award, the employer shall provide for first-aid in accordance with the Occupational Health and Safety Regulation 2001 as amended.

 

(ii)        Where an employee of this award is employed and is a qualified first aid person and is employed to carry out the duties of a qualified first aid person, he shall be paid an additional rate of $0.61 per day.

 

19.  Annual Holidays

 

(i)         Except as otherwise provided in this clause every employee shall at the end of each year of his or her employment by an employer become entitled to an annual holiday on ordinary pay.

 

(ii)        Where any such year of employment commences after 31st December 1973, such annual holidays shall be four weeks.

 

(iii)       Where the employment of any employee by any employer is terminated at the end of a period of employment less than one year, the employer shall forthwith pay to the employee, in addition to all other amounts due to him or her an amount equal to 1/12th of his or her ordinary pay for that period of employment.

 

(v)        Except as where otherwise provided in this clause, the provisions of section 2 to 4A inclusive of the Annual Holidays Act 1944, as amended shall be deemed to be included mutatis as part of this clause.

 

20.  Annual Holiday Loading

 

(i)         Before an employee is given and takes his or her annual holiday, or where by agreement between the employer and employees the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the employer shall pay his or her employee a loading determined in accordance with this clause. (Note: the obligation to pay in advance does not apply where the employee takes an annual holiday wholly or partly in advance, see subclause (v)).

 

(ii)        The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Annual Holidays Act or this award.

 

(iii)       The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled. Where such a holiday is given and taken in separate periods, then in relation to each separate period the loading is applicable. (Note: see subclause (v) as to holidays taken wholly or partly in advance).

 

(iv)       The loading is the amount payable for the period or, the separate period, as the case may be, stated in subclause (iii) at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the day labour classification immediately prior to the employee commencing his annual holiday together with the following award allowances where applicable, namely leading hand allowances, tool allowance, industry allowance, special allowance, travelling allowance and allowance for "follow the job" and sick leave, but shall not include any other allowances, penalty or  disability rates, commissions, bonuses, incentive payments, overtime rates or any other payments prescribed by this award.

 

(v)        No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when he or she would have become entitled under the Annual Holidays Act or this award to an annual holiday the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (iv) of this clause applying to the award rates of wages payable on that day.

 

(vi)       Where, in accordance with the Annual Holidays Act or the Annual Holiday clause of this award, the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned -

 

(a)        an employee who is entitled under the Annual Holidays Act of this award to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (iv) of this clause;

 

(b)        an employee who is not entitled under the Annual Holidays Act or this award to an annual holiday and who is give and takes leave without pay shall be paid in addition to the amount payable to him or her under this award such proportion of the loading that would have been payable to him or her under this clause if he or she had become entitled to an annual holiday prior to the closedown as his or her qualifying period of employment in completed weeks bears to 52.

 

(vii)

 

(a)        When the employment of an employee is terminated by his or her employer for a cause other than misconduct (proof of which shall lie upon the employer) and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which he or she became entitled he shall be paid a loading calculated in accordance with subclause (iv) for the period not taken.

 

(b)        Where an employee is not entitled to an annual holiday and his or her employment is terminated by the employer for any reason other than misconduct (proof of which shall lie upon the employer) or by the employee for any reason, the employee shall be paid in addition to the amount payable to him under the Annual Holidays Act of the Annual Holidays clause of this award an amount of 17.5 per cent of 3/49ths of his or her ordinary weekly time rate of pay earnings prescribed by this award together with the allowance referred to in subclause (iv) of this clause for that part, if any, of his period of employment before the 1st January, 1974, together with 17.5 per cent of one twelfth of such earnings for that part of his or her employment on or after 1st January, 1974.

 

21.  Long Service Leave

 

See Long Service Leave Act 1955, as amended.

 

22.  Issues Resolution Procedures

 

The procedure for the resolution of grievances and industrial disputation concerning matters under this award shall be in accordance with the following procedural steps.

 

(i)         Procedure relating to grievance of individual employees;

 

(a)        The employee or their trade union representative shall notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

(b)        The grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.  In no way does this restrict the right of an employee to be represented by a trade union.

 

(c)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(d)        Where an employer or their workplace delegate has submitted a request concerning any matter connected with employment to a more senior representative of management and that request has been refused, the employee may ask the workplace delegate to submit the matter to management and the matter shall then be submitted by the workplace delegate to the appropriate executive of the employer concerned.

 

(e)        If not settled at this stage, the matter shall be formally submitted by the State Secretary of the union to the employer.

 

(f)         If not settled, the matter shall then be discussed between such representatives of the union, as the union may desire and the employer, who may be accompanied by or represented by such officers or representatives of an association of employers as the employer may desire, including, where agreed, processing the dispute through locally organised boards or committees set up by the parties for this purpose.

 

(g)        At the conclusion of any discussions at any stage, the employer must provide a response to the employee’s grievance if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

(h)        If the matter is still not settled, it shall be submitted to the Industrial Relations Commission of New South Wales.

 

(i)         While this procedure is being followed, work shall continue normally. No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this subclause.

 

(j)         Notwithstanding anything contained in this clause, the respondents shall be free to exercise their rights if the dispute is not finalised within seven (7) days of notification.

 

(k)        This clause shall not apply to any dispute as to a bona fide safety issue.

 

(l)         An employer may be represented by an Industrial Organisation of Employers and the employee may be represented by an Industrial Organisation of Employees for the purposes of each procedure.

 

(ii)        Procedure for a dispute between an employer and the employees;

 

(a)        The question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.  In no way does this restrict the right of employees to be represented by a trade union.

 

(b)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(c)        Where employees or their workplace delegate has submitted a request concerning any matter directly connected with employment to a more senior representative of management and that request has been refused, the employees may ask the workplace delegate to submit the matter to management and the matter shall then be submitted by the workplace delegate to the appropriate executive of the employer concerned.

 

(d)        If not settled at this stage, the matter shall be formally submitted by the State Secretary of the union to the employer.

 

(e)        If not settled, the matter shall then be discussed between such representatives of the union, as the union may desire and the employer, who may be accompanied by or represented by such officers or representatives of an association of employers as the employer may desire, including, where agreed, processing the dispute through locally organised boards or committees set up by the parties for this purpose.

 

(f)         At the conclusion of any discussions at any stage, the employer must provide a response to the employees’ question, dispute or difficulty, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

(g)        If the matter is still not settled, it shall be submitted to the Industrial Relations Commission of New South Wales.

 

(h)        While this procedure is being followed, work shall continue normally.  No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this subclause.

 

(i)         Notwithstanding anything contained in this clause, the respondents shall be free to exercise their rights if the dispute is not finalised within seven (7) days of notification.

 

(j)         This clause shall not apply to any dispute as to a bona fide safety issue.

 

(k)        An employer may be represented by an Industrial Organisation of Employers and the employee may be represented by an Industrial Organisation of Employees for the purposes of each procedure.

 

23.  Anti-Discrimination

 

(i)         It the intention of the parties bound by this Award to seek to achieve the object in section 3 (f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

(ii)        It follows that in fulfilling their obligations under the Issues Resolution Procedure prescribed by this Award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the Award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(iii)       Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(iv)       Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

(v)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

NOTES

 

(a)        Employers and employees may also be subject to Commonwealth Anti-Discrimination Legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

24.  Exhibition of Award

 

Section 361 of the Industrial Relations Act 1996, which provides for the exhibition of industrial instruments in the workplace, shall be read as a provision of this Award.

 

25.  Right of Entry

 

See Part 7 of the Industrial Relations Act 1996.

 

26.  Terms of Engagement

 

(i)         Except as to casual employees employment shall be on a weekly basis.

 

(ii)        Employment of weekly hands during the first week of service shall be from day to day at the weekly rate terminable by a day's notice on either side but the employer is to indicate clearly to an employee at the time of engagement whether he or she is being engaged as a casual hand or on a weekly basis.

 

(iii)       Subject as provided elsewhere in this award employment shall be terminated by a week's notice on either side given at any time during the week or by the payment or forfeiture as the case may be, of an amount equal to one week's wages.

 

(iv)       Notwithstanding any provisions of the foregoing subclauses the employer shall have the right to dismiss an employee without notice for misconduct or refusing duty.

 

27.  Area, Incidence and Duration

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Plasterers, Shop Hands and Casters Award published 15 February 2002 (331 I.G. 496), and all variations thereof.

 

This reviewed award shall take effect on the first full pay period to commence on or after 15 August 2001 and remains in force until varied or rescinded for the period for which it was made already having expired.

 

The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review Award made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 IG 307) take effect on and from 9 November 2004.

 

Leave is reserved to the parties to apply as they may be advised with respect to the classification and margin for Modeller.

 

It shall apply to all persons employed as shop hands, and other employees in the plastering industry throughout the State, excluding the County of Yancowinna, within the jurisdiction of the Plasterers, &c. (State) Industrial Committee.

 

Plasterers, &c. (State) Industrial Committee

 

Industries and Callings

 

Plasterers and fibrous plaster fixers and shop hands and in the plastering trade and fixers of gypsum plaster board and other employees engaged in or in connection with the manufacture of fibrous plaster products in the State, excluding the county of Yancowinna.

 

Excepting employees of -

 

The Commissioner for Railways;

 

The Commissioner for Government Transport and the Commissioner for Motor Transport;

 

The Metropolitan Water, Sewerage and Drainage Board;

 

The Hunter District Water Board;

 

The Sydney County Council;

 

The Electricity Commission of New South Wales;

 

The Broken Hill Proprietary Company Limited;

 

Rylands Brothers (Australia) Proprietary Limited, at its works at Port Waratah, near Newcastle;

 

The Council of the City of Newcastle;

 

The Australian Gas Light Company;

 

The North Shore Gas Company Limited;

 

The Commissioner for Main Roads engaged in the maintenance of the Sydney Harbour Bridge;

 

And excepting -

 

Employees within the jurisdiction of the Special Steels and Steel Products Manufacture (Commonwealth Steel Company Limited) Industrial Committee,

 

the Welded and Weldless Steel-pipe Manufacture (Stewarts and Lloyds (Australia Proprietary Limited) Industrial Committee,

 

the County Councils (Electricity Undertakings) Employees Industrial Committee,

 

the Smelting &c. (Electrolytic R. & S. Company, &c.) Industrial Committee,

 

the Smelting (Sulphide Corporation Limited) Industrial Committee,

 

the John Lysaght (Australia) Pty. Ltd., Newcastle Industrial Committee

 

and the John Lysaght (Australia) Pty. Ltd., Port Kembla, Industrial Committee

 

 

 

P. J. SAMS  D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.